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Gormly, Phyllis - Final Order of Condemnation ~ I i',I'('!,,"Crn ~'-I)"{' -I' 1 -"..' c..' .... ".'-,~_U'._~.:,:,,_ j :!' ,(){;lln1ent has r. '.."l!(,~_,"j ,..<tii -t;~,~, ll: ;'l! ;.1' ':'.'" . .\ U..\[........ ~OL:~;TY cJ.;~j~K-RE(()RDEIt Doell' \0/e \86091~( 005 \2 39 PM LINDA A. CALLON, CA. STATE BAR NO. 99450 JOLIE HOUSTON, CA. STATE BAR NO. 171069 2 SHANNON N. COGAN, CA. STATE BAR NO. 214976 BERLINER COHEN 3 TEN ALMADEN BOULEY ARD ELEYENTH FLOOR 4 SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: (408) 286-5800 5 FACSIMILE: (408) 998-5388 6 ATTORNEYS FOR PLAINTIFF CITY OF GILROY S. lee 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 9 10 CITY OF GILROY, a municipal corporation, 11 Plainti ff, 12 vs. No. 1-05-CY -034845 13 PHYLLIS LORENE GORMLY, et. aL, FINAL ORDER OF CONDEMNA TION (CCP 9 1268.030) APN 808-21-018 14 Defendants. 15 16 Judgment in condemnation having been entered in the above-entitled action on August 8, 17 2005 in the office of the County Clerk of the County of Santa Clara, State of California, and it 18 appearing to the court's satisfaction that Plaintiff City of Gilroy, under that judgment, has paid to 19 the court for the defendants, Phyllis Lorene Gorn11y, Fay L. Chapman, James Gonnly, Bernard H. 20 Habing, Ruth M. Habing, James F. Habing, Stephen G. Habing, Susan M. FUl1ado, Ronald Furtado, 21 W.B. Starritt, Tmstee of the Starritt Property Tmst Dated October 19, 1984, The Heirs and Devisees 22 of Phyllis Lorenc Gorn11y, Deceased, and All Persons Claiming By, Through, or Under said 23 Decedent, and All Persons Unknown and Claiming Interest In The Property, just compensation in 24 the sum of $90,000: 25 IT IS ORDERED AND ADJUDGED: 26 I. The fee simple title to the parcel of property identi fied by Assessor's Parcel Number 27 808-21-018, situated in the County of Santa Clara, State of California, more particularly described j 28 in Exhibit A attached hereto and incorporated herein by this reference, is hereby condemned to \SCO\666556.1 081005-04706072 -1- FIN^L ORDER OF CONDEMNAnON Plaintiff for the public purpose of constmcting reliable water services and secondary emergency 2 access route for the Gilroy Sports Park and to otherwise further the public health, safety and welfare. 3 2. On filing a certified copy of this Final Order of Condemnation with the County 4 Recorder of the County of Santa Clara, State of California, the fee simple title to the real property, 5 as described in Exhibit A, shall vest in Plaintiff free and clear of all liens, encumbrances, taxes, 6 assessments, and leases recorded and unrecorded. 7 3. Plaintiff has taken possession of the real property described above, in accordance 8 with the provisions of California Code of Civil Procedure ~ 1255.410, this possession having been 9 authorized on January 31, 2005. 10 4. All ad valorem real property taxes and any penalties and costs thereon shall be 11 canceled as of January 31, 2005, pursuant to Sections 4986, 5082, 5085 and 5086 of the Revenue & 12 Taxation Code, that being the date upon which Plaintiff took possession of the real property 13 described in Exhibit A in accordance with provisions of the California Code of Civil Procedure. 14 15 SO ORDERED. 16 17 Dated: .oOO~e4' 2885 Mary Jo levinger 18 JUDGE OF THE SANTA CLARA COUNTY SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 \SCO\666556.1 081005-04706072 -2- FIN^L ORDER OF CONDEMNATION --- (-<1. /]/0 S' O/" 0" 'C l-- 'Jy 'Q EQ) XAJL. 1"..100' p.D.B. ~BoB:ff~M8 .------ 11"'~' .JO. JS' <\ 15.<4(J' ....". '- ~~, c', 285.93' ,.. 89'02 00 W i' --f- .? ~ o .~ ./ .? 19 )? ~ T.C.E. . TEMPORARY CONSTRUCTION EASEMENT '8 ~ ;to ){J' TElIPO<ARY CONS~CT1~ f/lSEWfNT (r.cE.) '" ~ \_"'~~:!:.Y. - - >>~ ~-~ \ 't., &18-21-016 APN 808-21-016 \ \ /~=~j~:'5' / L~710.05' ~ \ '\ .R..110' ~ /0-8'.:5"15" >D. / \ 1-10559' \ JO' Tf]/~Mr ~ ~ ~ASDifJH (T.CE.) L ~ - ~ ~\ ~~ ~\ \~. ~-\ \ /~~'O2" / L"'65,Ot)' ~ K~~690' 'is \ o<=SJ9'OZ' '\ L-6&o.s' ,., '" 7-' ... ~ >:" ~ i. ~~ \~. ~~ ~ ~ ~ oD. 1.2,81' 167..38' ,. 8/ftJlI'CXr It' 251.2'7" 1 OF 1 PLAT TO ACCOMPANY LEGAL DESCRIPTION TEMP. CONSTR. EASEMENTS GILROY SPORTS PARK OVER A.P "N:S 808-21-018 & 018 8ANTA Cl.ARA coUWTY. CALIFORNIA JOB # 00113 ~ . i WT 1 I SCALE: ,.",,100' Glulian "~ul, DC. DAiE: 05/11:1/01 Q'1;.9 . ~ _=urnnm--- _""I1111.......IIl.. DRAWN: [.T. 482lO stc-.e18 ()a!Ik 9'fd. Sutte 205 Sc:rl .b88, ~ 95129 cHECKED: M,H. (408) 615-4000 Fax (408) 615-4004 FILE: PLAT.DWG Auburn . So Joso . Ookdale _J: \2000\OOillL EXHIBIT A '0.Tder,No' B73352 -vw DESCRIPTION All that certain Real Property )n tile rounty of Santa Clara. StaLe at CdlitoIni~. described as follows: All of Lot Numbered Five (5), as sho\-lD <)11 chat: certain Map entitled, "Map at Massey Thomas' Senior SubdivlAion of LoB Animas Ranch 1,ot No. 1S", ....hich Map ,",db filed for record in the offic~ of the Recorder of the county of Santa Clara, Stdle of California on April 1:;, 1HY:i jn Book "G" of Maps, dt Pagelg) 59. Excepti ng t he Southeaster 1 y parl thereof, her et:otore conveyed toG. Barber i & Sons, which ~did part so conveyed 16 descrjbed as follows, to wit: Beginning at a bu.z:ied 1/2" pipe at the Northeasterly corner of the above mentioned Lot 5. at the intersection ot the westerly line of Monterey Road, wich the Southerly line of the TtlomaG Lane, from ...,hich p.ipe, the burled granite monument ac the l.ntersection of t.he Wcc;te,ly line of Monterey Road and thl:: center line of the Thomas l,ane bears NOJ:;th 18 deg. 00' West 20.94 feet; thence from said point of beginr1ing Westerly dlong the Southerly line of the Thomas Lane, North 89 deg. 02' West IB6~.eO feet to a 1/2" pipe, thence at. right angl~s Soutberly Sou1:h o deg. 58' West 180 feet to a 1/2" pipe; thence BC right angle Westerly and parallel ...,ith tOe Thomas Lane, North 89 deg. 02' West 412.34 feee, more or less, to a point in the Carnadero Creck OIl the line between Lots 5 and 9, n~ shown on the abovementioned Map (at 265 feet on this course and on the bank of the Carnadero Creek, is 1/2" pipe inside a 2" pipe); thence Southerly along the channel of carnadero Creek and along the line dividing Lot 5 from Lots 9 and lU, South 52 deg. 00' East 304.51 feet; more or lesB. and Souch 15 deg. 30' Ease :;48.90 teet, more or less, to the coTWnon corner to Lots 5 and 6 in the Easterly line of Lot 10 of the abovementioned Subdivision; t.hence Easterly along ehe line between Lo~s 5 and 6, South 8'1 deg. 09' East 1093.62 teet, more en less, to a buried 1/2 pipe (back 104940 teet on thi6 course and on the bank of the Carnadero Creek is the original 4" x 4" redwood witness post, said last mentioned 1/2" pipe being South 72 deg. 00' West 1021.02 feeC from a 1/2" pipe at the East.erly common corner for said Lots Sand 6; thence Easterly on the line between Lots Sand 6, North 72 deg. OQ' East 1021.02 teet ~o a buried 1/2" pipe in the we~terly line of the aforementioned Monterey Road, said pipe being also the cOlTll11on corner bet....een LatE 5 and 6; thence Northerly along che Hesterly line ot the said Monterey Road, North 18 deg. 00' West, 384.78 feet to the point of beginning. surveyed and Monumented on February 19. 1941 at the request of Mr. Leon Thomas;, by W..1. Hanna, Gilroy, Fegietcred Civil Engineer No. 3704. Excluding and excepting from the property above described all that portion thereof, herecofore CCJIlveyed co the County at Santa Clara, for road.....ay purposes- Also excepting therefrom that portion thereof as conveyed to the Santa Clara valley Water Diecrict. a publ iC" corporation by Deed recorded t>1arch 1, 1988 in Book K458, page 1194. official Records and being more particularly described as follo""s: Being a portion of the lands dencribed in the deed ~ecorded in Book HS16 of official Records at Page 713 in the office of the Hecorder, County of Santa Clara, State of California, to wit: All of ~did lands which lie Westerly of the following described Easterly line: D[i5CRSo.. 11/00/91 ^^ :J~dcr' No: 0733 r, 2 - v-..l DESCRIPTION 2 Begirmlng (it t.hp. Southeaslerly corner of said 1 ands; chence along the general Southerly lin~ of said lands N. tJ9 deg. 02' 00" W. 126.61 feet (.0 the true point. of beginniug; thencl;: leaving 6aid line along a curve 1:0 the left, from a t:angent which bears rJ. 37 deg SO' 29" W. having a radius of 900.00 feet, through a central angl(~ of 1" d~g. ~,7' 16", tor an arc distance of 256.32 teet to che Norcherly line ot said land~. D~C:Il.S0. Il/"'/91 M '\ ' CJLf I .. ~) CHICAGO TITLE COMPANY RECEIVED aEP ~ 5 'l007 ENG\NEERlNG PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbItration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a poliCY of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Missouri corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company Iiii\. "~J M{l--L-,~,,~ \!!I ATTEST -7 J<R4C~ CLT A Preliminary Report Form - Modified (11/17/06) , ' '. Visit Us on our Website: www.ctic.com @ Chicago Title Company ISSUING OFFICE: 675 N. First Street, Suite 400 . San Jose, CA 95112 408271-7600 . FAX 408 295-3975 PRELIMINARY REPORT Title Officer: Dan Gilardoni C&I/Subdivision Escrow Officer: Jan Wallace Escrow No.: 07-98702525-JW TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ATTN: Bill Headley Title No.: 07-98702525-DG Locate No.: CACTI7743-7743-2987-0098702525 SHORT TERM RATE: = PROPERTY ADDRESS: 808-21-026,028,030,032, and 018, Gilroy, California EFFECTIVE DATE: September 18, 2007, 07:30 A.M. The form of policy or policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. illLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: City of Gilroy, a municipal corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF DG\DG 09/24/2007 1 CLTA Preliminary Report Form. Modified (11/17/06) Title No. 07-98702525-DG Locate No. CACTI7743-7743-2987-0098702525 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA, COUNlY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel One: All of Lot Numbered Five (5), as shown on that certain Map entitled, "Map of Massey Thomas' Senior Subdivision of Los Animas Ranch Lot No. 15", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 15, 1893 in Book "G" of Maps, at Page(s) 59. Excepting the Southeasterly part thereof, heretofore conveyed to G. Barberi & Sons, which said part so conveyed is described as follows, to wit: Beginning at a buried 1/2" pipe at the Northeasterly corner of the above mentioned Lot 5, at the intersection of the Westerly line of Monterey Road, with the Southerly line of the Thomas Lane, from which pipe, the buried granite monument at the intersection of the Westerly line of Monterey Road and the center line of the Thomas Lane bears North 18 deg. 00' West 20.94 feet; thence from said point of beginning Westerly along the Southerly line of the Thomas Lane, North 89 deg. 02' West 1863.80 feet to a 1/2" pipe; thence at right angles Southerly South 0 deg. 58' West 180 feet to a 1/2" pipe; thence at right angle Westerly and parallel with the Thomas Lane, North 89 deg. 02' West 412.34 feet, more or less, to a point in the Carnadero Creek on the line between Lots 5 and 9, as shown on the abovementioned Map (at 265 feet on this course and on the bank of the Carnadero Creek, is 1/2" pipe inside a 2" pipe); thence Southerly along the Channel of Carnadero Creek and along the line dividing Lot 5 from Lots 9 and 10, South 52 deg. 00' East 304.51 feet; more or less, and South 15 deg. 30' East 348.90 feet, more or less, to the common corner to Lots 5 and 6 in the Easterly line of Lot 10 of the abovementioned Subdivision; thence Easterly along the line between Lots 5 and 6, South 89 deg. 09' East 1093.62 feet, more or less, to a buried 1/2 pipe (back 1049.40 feet on this course and on the bank of the Carnadero Creek is the original 4" x 4" redwood witness post, said last mentioned 1/2" pipe being South 72 deg. 00' West 1021.02 feet from a 1/2" pipe at the Easterly common corner for said Lots 5 and 6; thence Easterly on the line between Lots 5 and 6, North 72 deg. 00' East 1021.02 feet to a buried 1/2" pipe in the Westerly line of the aforementioned Monterey Road, said pipe being also the common corner between Lots 5 and 6; thence Northerly along the Westerly line of the said Monterey Road, North 18 deg. 00' West, 384.78 feet to the point of beginning. Surveyed and Monumented on February 19, 1941 at the request of Mr. Leon Thomas, by W.J. Hanna, Gilroy, Registered Civil Engineer No. 3704. Excluding and excepting from the property above described all that portion thereof, heretofore conveyed to the County of Santa Clara, for roadway purposes. Also excepting therefrom that portion thereof as conveyed to the Santa Clara Valley Water District, a public corporation by Deed recorded March 1, 1988 in Book K458, Page 1194, Official Records and being more particularly described as follows: Being a portion of the lands described in the deed recorded in Book H516 of Official Records at Page 713 in the Office of the Recorder, County of Santa Clara, State of California, to wit: All of said lands which lie Westerly of the following described Easterly line: Beginning at the Southeasterly corner of said lands; thence along the general Southerly line of said lands N. 89 deg. 02' 00" W. 126.61 feet to the true point of beginning; thence leaving said line along a curve to the left, from a tangent which bears N. 37 deg. 50' 29" W. having a radius of 900.00 feet, through a central angle of 16 deg. 57' 16", for an arc distance of 266.32 feet to the Northerly line of said lands. Parcel Two: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AS "LOT 5- EMMA E. THOMAS TO G. BARBERI AND SONS, INC." AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, WHICH WAS FILED ON MARCH 22,1941, IN BOOK 6 OF MAPS. AT PAGE 7, OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 CLTA Preliminary Report Form. Modified (11/17/06) EXHIBIT "Au (continued) Title No. 07-9S702525-DG Locate No. CACTI7743-7743-2987-0098702525 BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF SAID "LOT 5 - ET AL", SAID BOUNDARY BEING ALSO THE SOUTHEASTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND SHOWN AS "PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS", AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING N. 89 deg. 02' 00" W. 67.05 FEET FROM THE MOST SOUTHEASTERLY CORNER OF SAID "PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS", THENCE LEAVING SAID NORTHWESTERLY AND SOUTHEASTERLY BOUNDARY S. 25 deg. 54' 19' E. 129.55 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 710.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVETHRU A CENTRAL ANGLE OF 8 deg. 31' 15" AN ARC DISTANCE OF 105.59 FEET; THENCE S. 17 deg. 23' 04" E. 147.54 FEET TO THE TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 690.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THRU A CENTRAL ANGLE OF 5 deg. 39' 02" AN ARC DISTANCE OF 68.05 FEET; THENCE S. 23 deg. 02' 06" E. 110.69 FEET TO A POINT ON THE LINE BETWEEN LOTS 5 AND 6 AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF MASSEY THOMAS' SENIOR SUBDNISION OF LAS ANIMAS RANCH LOT NO. 15" AND RECORDED IN BOOK G OF MAPS, PAGE 59 OF THE OFFICIAL RECORDS OF SAID COUNTY LYING DISTANT THEREON S. 89deg. 09' 00" E. 51.08 FEET FROM THE INTERSECTION OF SAID LINE WITH THE MOST SOUTHEASTERLY CORNER OF A PORTION OF LAND DESCRIBED IN A GRANT DEED TO THE SANTA CLARA VALLEY WATER DISTRICT IN BOOK K443 OF OFFICIAL RECORDS AT PAGE 633; THENCE N. 89 deg. 09' 00" W. 51.08 FEET ALONG SAID LINE BETWEEN LOTS 5AND 6 TO SAID SOUTHEASTERLY CORNER; THENCE LEAVING SAID LINE AND CORNER ALONG THE EASTERLY BOUNDARY OF SAID PORTION OF LAND N. 15 deg. 30' 00" W. 217.62 FEET TO THE BEGINNING OF A CURVE TO THE LEFT AND HAVING A RADIUS OF 900.00'; THENCE NORTHERLY ALONG SAID CURVETHRU A CENTRAL ANGLE OF 22 deg. 20' 29", AN ARC DISTANCE OF 350.94 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS AND THE MOST NORTHEASTERLY CORNER OF SAID PORTION OF LAND; THENCE LEAVING SAID CORNER ALONG SAID SOUTHERLY LINE S. 89 deg. 02' 00" E. 59.37 FEET TO THE POINT OF BEGINNING. Parcel Three: All of Lot 6, as shown upon that certain Map entitled, "Map of Massey Thomas' Senior Subdivision of Las Animas Ranch Lot No. 15", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 15, 1893 in Book G of Maps, at page 59. Excepting therefrom that portion thereof described in the Final Order of Condemnation recorded June 17,1954 in Book 2897, Official Records, page 362 as follows: Commencing at the Northeasterly corner of said Lot 6, said corner being distant North 72 deg. 01' 45" East, 1.78 feet from Engineer's Station "C13" 532+02.68 on the center line of the Department of Public Works' survey for the State Highway in Santa Clara County between Gilroy and Sargent overhead crossing, Road N-SCl-2-C; thence, along the Westerly line ofthe existing State Highway (66 feet wide) South 17 deg. 58' 15" East, 604.75 feet to the Southerly line of said Lot 6; thence, along said Southerly lot line South 72 deg. 01' 45" West, 84.78 feet to a line parallel with and distant 83 feet, Westerly, at right angles, from said "C13" center line; thence, along said parallel line North 17 deg. 58' 15" West, 413.93 feet, North 17 deg. 58' 15" West, 15.00 feet and North 17 deg. 58' 15" West, 175.82 feet to the Northerly line of said Lot 6; thence, along said Northerly lot line North 72 deg. 01' 45" East, 84.78 feet to the point of commencement. Also excepting therefrom that portion thereof described in that certain Deed to the State of California recorded October 7, 1969 in Book 8694 Official Records, page 307, as follows: Commencing at a point on the Westerly line of existing State Highway 101, said point being the corner common to the Parcels 8 and 9, as said Parcels are described in that Final Order of Condemnation, recorded June 17, 1954, in Book 2897, at Page 362, Official Records of Santa Clara County; thence along the Westerly line of said Parcel 9, South 17 deg. 20' 12" East, 437.44 feet; thence North 30 deg. 00' 00" West, 504.27 feet; thence along a tangent curve to the right with a radius of 94.00 feet, through an angle of 102 deg. 04' 38", an arc length of 167.47 feet to a point of reverse curvature; thence along a tangent curve to the left with a radius of 20.00 feet, through an angle of 89 deg. 24' 50", an arc length of 31.21 feet to the Westerly line of said Parcel 8; thence along last said line South 17 deg. 20' 12" East, 189.16 feet to the point of commencement. Also excepting therefrom that portion thereof as conveyed to the Santa Clara Valley Water District, a public corporation by Final Order of Condemnation, recorded March 30, 1990 in Book L304 Page 659, Official Records, and being more particularly described as follows: 3 CLTA Preliminary Report Form. Modified (11/17/06) EXHIBIT "Au (continued) Title No. 07-98702525-DG Locate No. CAcrI7743-7743-2987-0098702525 Being a portion of the lands shown as Lots 6 and 7 on the Map entitled "Massey Thomas Subdivision of Las Animas Ranch Lot No. 15" and filed in Book "G" of Maps at page 59, and described in the deeds recorded in Book F162 of Official Records at page 361 and in Book FI62 of Official Records at page 359, all documents are in the Office of the Recorder, County of Santa Clara, State of California, to Wit: Beginning at the Northwesterly corner of said Lot 6 as shown on said map; thence along the general Northerly line of said Lot 6 S. 89 deg. 02' 00" E. 167.50 feet; thence leaving said line S. 15 deg. 30' 00" E 257.00 feet; thence S. 61 deg. 15' 00" E. 62.50 feet; thence S. 15 deg. 30' 00" E. 103.00 feet; thence 5.26 deg. 10' 00" W. 68.00 feet; thence S. 07 deg. 20' 00" E. 136.00 feet; thence S. 72 deg. 00' 00" W. 28.00 feet; thence N. 67 deg. 58' 00" W. 220.65 feet to the general Westerly line of said lot; thence along said line N. 35 deg. 30' 00" E. 79.87 feet; thence continuing along said line N. 15 deg. 30' 00" W. 453.04 feet to the point of beginning. Parcel Four: Being a portion of LOT 7 as shown on Map entitled, "Massey Thomas Senior Subdivision of Las Animas Ranch Lot 15", which Map was recorded April 15, 1893 in Volume "G" of Maps, at Page 59, Records of Santa Clara County, California, and being more particularly described as follows: Beginning at the Southwesterly common corner to Lots 6 and 7 as shown on said Map, and running thence along the line common to said Lots N. 72 deg. 00' E. 2330.00 feet, more or less, to a point in the Easterly line of that certain parcel of land conveyed to Santa Clara Valley Water Conservation District for the purpose of occasional overflow, flood and submergence described as Parcel 5 in the Deed recorded in Book L304 of Official Records at Page 659; thence along said Easterly line 5.2 deg. 59' 46" E. 424.37 feet; thence leaving said line N. 72 deg. 00' E. 597.34 feet to a point in the Westerly line of the State Highway as described in the Deed to the State of California recorded October 7, 1969 in Book 8694 of Official Records, at Page 307; thence along said Highway line S. 30 deg. 39' 48" E. 25.82 feet to an intersection with the Westerly line of the State Highway as described in Deed recorded in Book 2897 of Official Records, at Page 362, thence along said Westerly line 5.18 deg. 00' E. 94.82 feet to the intersection thereof with the line common to Lots 7 and 8, as shown on said Map; thence along said lot line 5.72 deg. 00' W. 2085.15 feet to the Southwesterly Common corner to said lots in the bed of Uvas Creek (Carnadero); thence along the Southerly and Westerly line of Lot 7 N. 42 deg. 45' W. 11.88 feet, 5.60 deg. 45' W. 759.00 feet, N. 45 deg. 45' W. 330.00 feet and N. 5 deg. 45' E. 409.86 feet to the Point of Beginning. Parcel Five: Being a portion of Lot 8 as shown on Map entitled "Massey Thomas Senior subdivision of Las Animas Ranch Lot 15", which Map was recorded April 15, 1893 in Volume "G" of Maps at Page 59, Records of Santa Clara County, California, and being more particularly described as follows: Beginning at the Southwesterly common corner to Lots 7 and 8, as shown on said Map, and running thence along the line common to said Lots N.72 deg. 00' E. 1294.26 feet to the most Northerly corner of that certain parcel of land described as Parcel 3 conveyed to William F. Filice by Deed recorded September 14, 1977 in Book D139 of Official Records at Page 103; thence along the Northeasterly line of said parcel 5.18 deg. 00' E. 832.73 feet to the Southeasterly corner thereof in the Southerly line of Lot 8; thence along said Southerly line N.79 deg. 05' W. 134.77 feet, 5.70 deg. 40' W. 98.34 feet, S. 63 deg. 00' W. 104.28 feet, S. 78 deg. 45' W. 135.96 feet, and N. 85 deg. 08' W. 94.38 feet to a point designated "FLM7MT' on said Map; thence continuing N. 74 deg. 24' 12" W. 174.79 feet (N. 88 deg. 20' W. 172.26 feet record), N. 51 deg. 30' W. 105.60 feet, S. 42 deg. 45' W. 429.00 feet, N. 64 deg. 45' W 297.00 feet, N. 3 deg. 45' W. 429.00 feet and N. 42 deg. 45' W. 153.12 feet to the Point of Beginning. APN: 808-21-018,808-21-032,808-21-030, 808-21-028, 808-21-026 4 CLTA Preliminary Report Form. Modified (11/17/06) , . Title No. 07-98702525-DG Locate No. CACTI7743-7743-2987-0098702525 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2007-2008, Assessor's Parcel Number 808-21-026. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 67 007 $1,347.70 open $1,347.70 open $216,773.00 $ 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2007-2008, Assessor's Parcel Number 808-21-028. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 67 007 $805.14 open $805.14 open $121,269.00 $ 3. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2007-2008, Assessor's Parcel Number 808-21-030. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 67 007 $635.83 open $635.83 open $101,038.00 $ 4. Said property has been declared tax defaulted for non-payment of delinquent taxes for the fiscal year(s) 2005-2006 2006-2007 APN: Default No.: Default Date: 808-21-018 Amounts to redeem for the above stated fiscal year (and subsequent years, if any) are: Amount: By: Amount: By: $4,409.58 October 31, 2007 $4,461.19 November 30, 2007 5 CLTA Preliminary Report Form. Modified (11/17/06) ITEMS: (continued) TItle No. 07-98702525-DG Locate No. CACT17743-7743-2987-0098702525 5. Said property has been declared tax defaulted for non-payment of delinquent taxes for the fiscal year(s) 2005-2006 2006-2007 APN: Default No.: Default Date: 808-21-018-99 Amounts to redeem for the above stated fiscal year (and subsequent years, if any) are: Amount: By: Amount: By: $20.38 October 31, 2007 $20.62 November 30, 2007 6. Special Tax for Santa Clara County Library District Joint Powers Authority Community Facilities District No. 2005-1, under the Mello-Roos Community Facilities Act of 1982 as disclosed by a Notice of Special Tax Lien Recorded June 24, 2005, Instrument No. 18438576, Official Records, payable in continuing installments collected with the real property taxes. 7. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 8. Any adverse claim based upon the assertion that: a. Some portion of said land is tide or submerged land, or has been created by artificial means or has accreted to such portion so created. b. Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the Carnadero Creek or has been formed by accretion to any such portion. 9. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of Carnadero Creek. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Coast Counties Gas and Electric Company a single line of poles July 23, 1926, Book 257, Page 166, of Official Records the exact location is not disclosed of record 6 CLTA Preliminary Report Form. Modified (11/17/06) ITEMS: (continued) TItle No. 07-98702525-DG Locate No. CACTI7743-7743-2987-0098702525 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects : Santa Clara Valley Water District occasional overflow, flood and submergence November 8, 1988, Book K749, Page 402, of Official Records Being a portion of the lands shown as Lot 5 on the Map entitled "Massey Thomas Subdivision of Las Animas Ranch Lot No. 15" filed in Book "G" of Maps at Page 59, and described in the deed recorded in Book B814 of Official Records at Page 359, both documents are in the Office of the Recorder, County of Santa Clara, State of California, to wit: Beginning at the Southwesterly corner of said Lot~ thence along the general Southerly line of said Lot S. 890 02' 00" E. 778.50 feet to the true point of beginning; thence leaving said line, N. 530 31' 45" E. 80.00 feet; thence N. 780 22' 05" E. 244.00 feet; thence S. 590 02' 00" E. 133.50 feet to the aforementioned general Southerly line; thence along said line S. 72000' 00" W. 100.00 feet; thence continuing along said line N. 890 02' 00" W. 315.12 feet to the true point of beginning. 12. Recitals contained in the following document or instrument of record, Instrument: Final Order of Condemnation Executed By: State of California Dated: June 15, 1954 Recorded: June 17, 1954 in Book 2897 at Page 362 of Official Records As Follows: Excepting and reserving, however, unto owners of abutting lands, their successors or assigns, the right of access in and to said freeway over and across the Northerly 20 feet of the Westerly line of the above described Parcel No.8, the center of said opening being Westerly, at right angles, and opposite engineer's station "C13" 532+12.68 above mentioned survey. AND AS FOLLOWS: Excepting and reserving however, unto owners of abutting lands, their successors or assigns, the right of access to said freeway over and across the Southerly 20 feet of the Northerly 110.57 feet of the Westerly line of the above described Parcel No.9 the center of all opening being, Westerly, at right angles, and opposite Engineer's Station "CI3" 539-08 of above mentioned Survey. Said matter affects: Parcels Three and Four 13. The fact that the ownership of said land does not include any right of ingress or egress to or from the highway contiguous thereto, said right having been relinquished by deed From: Barbara Schrepfer Blocher, et al To: State of California Recorded: October 7, 1969 in Book 8694 at Page 307 of Official Records Said matter affects: Parcel Three 7 CLTA Preliminary Report Form. Modified (11/17/06) ITEMS: (continued) Title No. 07-98702525-DG Locate No. CACTI7743-7743-2987-0098702525 14. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, Condemned by Final Decree In Favor Of: Santa Clara Valley Water District, a public corporation Case No. : 652913 Recorded: March 30, 1990 in Book L304 at Page 659 of Official Records (A) For: Water management and/or storm water drainage purposes Affects: As follows: Parcel 2: Beginning at the Southerly corner of said Lot 6 as shown on said Map; thence along the general Westerly line of said N 05 deg. 45' 00" E. 19.14 feet; thence continuing along said line N. 46 deg. 45' 00" E. 462.00 feet; thence continuing along said line N. 35 deg. 30' 00" E. 415.12 feet; thence leaving said line S. 67 deg. 58' 00" E. 100.15 feet; thence S. 22 deg. 02' 00" W. 97.41 feet; thence S. 36 deg. 49' 00" W. 250.00 feet; thence S. 49 deg. 47' 00" W. 472.00 feet to the Southeasterly line of said Lot 6; thence along said line S. 72 deg. DO' 00" W. 132.00 feet to the point of beginning. Parcel 3: Beginning at the Northwesterly corner of said Lot 7 as shown on said Map; thence along the Northwesterly line of said Lot 7 N. 72 deg. 00' 00" E. 132.00 feet; thence leaving said line S. 30 deg. 47' 34" W. 138.64 feet; thence S. 10 deg. 42' 00" W. 185.00 feet; thence S. 16 deg. 47' 00" S. 160.00 feet; thence S. 42 deg. 12' 00" E. 162.00 feet; thence S. 82 deg. 27' 00" E. 169.00 feet to the general Southeasterly line of said Lot 7; thence along said line S. 60 deg. 45' 00" W. 169.00 feet to the Southwesterly corner of said Lot 7; thence along the general Southwesterly line of said Lot 7 N. 45 deg. 45' 00" W. 330.0 feet; thence continuing along said line N. 05 deg. 45' 00" E. 408.86 feet to the point of beginning. ' Parcel 4: Beginning at the Northwesterly corner of said Lot 7 as shown on said Map; thence along the general Southwesterly line of said Lot 7 S. 05 deg. 45' 00" W 409,86 feet; thence continuing along said line S. 45 deg. 45' 00" E. 330.00 feet to the Southwesterly corner of said Lot 7; thence along the general Southeasterly line of said Lot 7 N. 60 deg. 45' 00" E. 342.00 feet to the true point of beginning; thence leaving said line N. 43 deg, 03' 00" E. 360.00 feet; thence N. 85 deg. 10' 00" E. 180.00 feet; thence 5, 48 deg. 19' 00" E. 72.63 feet to the aforesaid general Southeasterly line of said Lot; thence along said line S. 72 deg. DO' 00" W. 113.00 feet; thence continuing along said line N. 42 deg. 45' 00" W, 11.88 feet; thence continuing along said line S. 60 deg. 45' 00" W. 417.00 feet to the true point of beginning. (B) For: occasional overflow, flood and submerge Affects: As follows: ParcelS: 8 CLTA Preliminary Report Form. Modified (11/17/06) ITEMS: (continued) Title No. 07-98702525-DG Locate No. CACTl7743-7743-2987-0098702525 Beginning at the Southwesterly corner of said Lot 6 as shown on said Map; thence along the Southeasterly line of said Lot, N 72 deg. DO' 00" E. 132.00 feet to the true point of beginning; thence leaving said line N. 49 deg. 47' 00" S. 472.00 feet; thence N. 36 deg. 49' 00" E. 250.00 feet; thence N. 22 deg. 02' 00" E. 97.41 feet; thence S. 67 deg. 58' 00" E. 120.50 feet; thence N. 72 deg. 00' 00" S. 28.00 feet; thence N. 07 deg. 20' 00" W. 136.00 feet; thence N. 26 deg. 10' 00" E. 68.00 feet; thence N. 15 deg. 30' 00" W. 23.00 feet; thence N. 53 deg. 31' 45" E. 579.56 feet to the general Northwesterly line of said Lot; thence along said line S. 89 deg. 02' 00" E. 315.12 feet; thence continuing along said line N. 72 deg. DO' 00" E. 108.00 feet; thence leaving said line S. 59 deg. 02' 00" E. 413.00 feet; thence S. 31 deg. 59' 09" E. 303.66 feet to the aforesaid Southeasterly line of said Lot; thence along said line, S. 72 deg. DO' 00" W. 2198.00 feet to the true point of beginning. Parcel 6: Beginning at the Northwesterly corner of said Lot 7 as shown on said Map; thence along the Northwesterly line of said lot, N. 72 deg. 00' 00" E. 132.00 feet to the true point of beginning; thence continuing along said line N. 72 deg. 00' 00" E. 2198.00 feet; thence leaving said line S. 02 deg. 59' 46" E. 548.61 feet to the general Southeasterly line of said Lot; thence along said line S. 72 deg. 00' 00" W. 1337.00 feet; thence leaving said line N. 48 deg. 19' 00" W. 72.63 feet; thence S. 85 deg. 10' 00" W. 180.00 feet; thence S. 43 deg. 03' 00" W. 360.00 feet to the aforesaid general Southeasterly line of said Lot; thence along said line, S. 60 deg. 45' 00" W. 173.00 feet; thence leaving said line N. 82 deg. 27' 00" W. 169.00 feet; thence N. 42 deg. 12' 00" W. 162.00 feet; thence N. 16 deg. 47' 00" W. 160.00 feet; thence N. 10 deg. 42' 00" E. 185.00 feet; thence N. 30 deg. 47' 34" E. 138.64 feet to the true point of beginning. Covenants, Conditions and Restrictions in the above recorded instrument. 9 CLTA Preliminary Report Form. Modified (11/17/06) ITEMS: (continued) Title No. 07-98702525-DG Locate No. CACT17743-7743-2987-0098702525 15. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: Santa Clara Valley Water District, a public corporation For: water management and/or storm water drainage purposes Recorded: February 2, 1987 in Book K023 at Page 782 Official Records Affects: As follows: All that certain real property situate in the County of County of Santa Clara, State of California, described as follows: Being a portion of the lands described in the deed recorded in Book D139 of Official Records at page 103 in the Office of the Recorder, County of Santa Clara, State of California, to wit: Beginning at a 4" X 4" white post marked "FL7MT' as said post is shown upon the map of Massey Thomas Subdivision of Las Animas Ranch Lot No. 15 filed in Book "G" of Maps at page 59, Santa Clara County Records; thence along the general Southwesterly line of Parcel 2 as described in said deed the following six courses: N. 88 deg. 20' 00" W. 172.26 feet N. 51 deg. 30' 00" W. 105.60 feet, S. 42 deg. 45' 00" W. 429.00 feet, N. 42 deg. 45' 00" W. 287.76 feet, N. 03 deg. 45' 00" W. 429.00 feet and N. 42 deg. 45' 00" W. 153.12 feet to the Northerly line of said lands, thence along said line N. 72 deg. 00' 00" E. 113.00 feet; thence leaving said line S. 46 deg. 05' 00" E. 59.00 feet, thence S. 08 deg. 55' 00" E. 518.00 feet; thence S. 40 deg. 20' 00" E. 145.00 feet; thence N. 59 deg. 06' 00" 101.00 feet; thence N. 34 deg. 43' 00" E. 270.00 feet; thence N. 79 deg. 30' 00" 128.50 feet, thence S. 64 deg. 49' 00" E. 336.00 feet; thence S. 82 deg. 47' 00" E. 157.00 feet; thence N. 71 deg. 05' 00" E. 220.00 feet; thence S. 86 deg. 51' 33" E. 152.50 feet to the Northerly line of the lands described in the deed recorded in Book J041 of Official Records at page 412, Santa Clara County Records, thence along said line S. 72 deg. 00' 00" W. 100.00 feet to the general Easterly line of Parcel 4 as said parcel is described in first said deed; thence along said line S. 36 deg. 45' 00" E. 678.10 feet; thence continuing along said line S. 13 deg. 45' 00" E. 297.00 feet, thence continuing along said line S. 63 deg. 45' 00" W. 528.00 feet; thence leaving said line North 72.00 feet; thence N. 52 deg. 43' 00" E. 130.00 feet; thence N. 74 deg. 00' 00" E. 275.00 feet; thence N. 02 deg. 09' 00" E.169.50 feet thence N. 40 deg. 50' 00" W. 346.00 feet; thence N. 23 deg. 10' 00" W. 272.00 feet; thence N. 66 deg. 18' 00" W. 84.00 feet; thence S. 81 deg. 23' 00" W. 100.00 feet; thence S. 67 deg. 06' 00" W. 237.00 feet; thence N. 78 deg. 29' 00" 165.00 feet; thence N. 59 deg. 14' 00" W. 190.86 thence to the general Easterly line of Parcell as said parcel is described in the deed recorded in Book F686 of Official Records at page 266, Santa Clara County Records; thence along said line N. 00 deg. 13' 00" E. 30.00 feet; thence continuing along said line N. 66 deg. 20' 00" E. 186.12 feet; thence continuing along said line N. 04 deg. 52' 00" E. 19.80 feet; to the point of beginning. 10 CLTA Preliminary Report Form. Modified (11/17/06) ITEMS: (continued) Title No. 07-98702525-DG Locate No. CACTI7743-7743-2987-0098702525 16. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: Santa Clara Valley Water District For: Occasionally overflow, flood and submerge Recorded: September 8, 1989 in Book L085 at Page 1766 Official Records Affects: As Follows: Beginning at a 4" X 4" white post marked "FL7MT' as said post is shown upon the map of Massey Thomas Subdivision of Las Animas Ranch Lot No. 15 filed . in Book "G" of Maps at page 59, Santa Clara County Records; thence along the general Southwesterly line of Parcel 2, as described in said deed, the following six courses: N. 88 deg. 20' 00" W. 172.26 feet, N. 51 deg. 3D' 00" W. 105.60 feet, S. 42 deg. 45' 00" W. 429.00 feet, N. 64 deg. 45' 00" W. 287.76 feet, N. 03 deg. 45' 00" W. 429.00 feet and N. 42 deg. 45' 00" W. 153.12 feet to the Northerly line of said lands; thence along said line N. 72 deg. DO' 00" E. 113.00 feet to the true point of beginning; thence continuing along said line N. 70 deg. DO' 00" W. 1337.00 feet; thence leaving said line S. 15 deg. 20' 70" W. 45.12 feet; thence S. 53 deg. 46' 00" W. 607.00 feet; thence N. 64 deg. 49' 00" W. 70.00 feet; thence S. 79 deg. 3D' 00" W. 128.50 feet; thence S. 34 deg. 43' 00" W. 270.00 feet; thence S. 59 deg. 06' 00" W. 101.00 feet; thence N. 49 deg. 20' 00" W. 145.00 feet; thence N. 08 deg. 55' 00" W. 518.00 feet; thence N. 46 deg. 05' 00" W. 59.00 feet to the true point of beginning. 17 . Terms a nd conditions as contained in that certain document entitled "Certificate of Completion: Gilroy USA Amendment 2006", recorded April 10, 2007 as Document No. 19377737, Official Records, Santa Clara County. 18. Terms and conditions as contained in that certain document entitled "Certificate of Completion: Luchessa Avenue Reorganization No. 06-01", recorded May 11, 2007 as Document No. 19428061, Official Records, Santa Clara County. 19. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Site and Facility Lease City of Gilroy Gilroy Public Facilities Financing Authority July 21, 2003, Instrument No. 17206382, of Official Records Affects: The herein described land and other land. Reference is made to said document for full particulars. 20. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recorded: Lease Gilroy Public Facilities Financing Authority City of Gilroy July 21, 2003, Instrument No. 17206383, of Official Records 11 CLTA Preliminary Report Form. Modified (11/17/06) ITEMS: (continued) Title No. 07-98702525-DG Locate No. CACTI7743-7743-2987-0098702525 Affects: The herein described land and other land. Reference is made to said document for full particulars. 21. Matters contained in that certain document entitled "Assignment Agreement" dated July 1, 2003, executed by and between City of Gilroy and Gilroy Public Facilities Financing Authority recorded July 21, 2003, Instrument No. 17206384, of Official Records, which document, among other things, contains or provides for: Assignment Agreement. Reference is hereby made to said document for full particulars. 22. The herein referred to property appears to be free and clear of any Deeds of Trust or Mortgages. Please confirm if this is the case. 23. Information in possession of the Company indicates that a division of land, as defined in Government Code Section 66424, is contemplated in the current transaction involving the land described in this report. Such contemplated division of land would appear to fall within the purview of the Subdivision Map Act (commencing with Government Code Section 66410), and as a prerequisite to the issuance of any title assurance under this application, at least one of the following requirements must be accomplished to this Company's satisfaction: (a) That a Final (Tract) Map has been recorded' in compliance with the Subdivision Map Act and related ordinance; (b) That a Parcel Map has been recorded in compliance with the Subdivision Map Act and related ordinances; (c) That a Certificate of Compliance as provided for in the Subdivision Map Act has been recorded, or will be recorded through this application. (d) Other evidence, satisfactory to this Company, indicating compliance or nonviolation must be furnished. END OF ITEMS Note 1. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. 12 CLTA Preliminary Report Form. Modified (11[17[06) NOTES: (continued) Note 2. Note 3. Note 4. Title No. 07-98702525-DG Locate No. CACfI7743-7743-2987-0098702525 If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this poliCY being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. 13 CLTA Preliminary Report Form. Modified (11/17/06) NOTES: (continued) Note 5. Note 6. Title No. 07-98702525-DG Locate No. CACTl7743-7743-2987-0098702525 Wiring instructions for Chicago Title Company, Gilroy, CA, are as follows: Receiving Bank: Bank of America 275 Valencia Blvd, 2nd Floor Brea, CA 92823-6340 026009593 Chicago Title Company - Gilroy 8060 Santa Teresa Blvd., Suite 100, Gilroy, CA 95020 12353-81969 07-98702525-JW ABA Routing No.: Credit Account Name: Credit Account No.: Escrow No.: These wiring instructions are for this specific transaction involving the Title Department of the San Jose office of Chicago Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report. END OF NOTES 14 rlT^ r'l.."I;.....:"'........, 0............... r::.....~ ~/I....,..J;~;...,.,I Ii i lirfilc..' I"" !'> 18~~ l~-i~ I I I I I I I I 1 I I~ I I'" 1 : ~ -I N I ~ il~ J ...--0---- --00;;;. ~ : N 2:1~ .r:J ~,/ ... -t",;s."'-- 1 0 t/ ~ <00...;;---....,. "..... : '" '1 k'r~-~ ~ 0,: ~ /,/ I 'f.'') .. 'i'~r:~" ",~ ...~ l ;\- ~..-"- - -o~ 10 'to ;: I. .. ~, C'1 ...53 : :j; :0 ~ ' \ '\. ('" = J.,. I ~ ~ ~ \ ',.t \ ~ \ ~ \ ~ ~~ \, ;:: ..., \ ~ ...op. \ ~ '\ ~\-:." ... "'),-- ,,\ " .. ~ '\" .. ~ \, , @k---) ""'$~ ~~ \.. ..,-=--...1 v .. " ' ~ 'U I' - .....4' !:In' If' i02! v' \ ~-"ES;T. .. '" ;g \ ("\ . ~ (/~("'." ~ ~ \ \ ! ~ \~, ~~ i~ : III!' ~ ~"'-- ,...~r .. ~ \ VI ,. V<\ ~ " ~ "'-- n ~ - V> .. ~ "V '.~. ~ C) :~\ .. ~):' ~\ \ ~ II ~ \ t> ~ j~r. _/:( ,~ V> \ ~.. d \ ~~:II! ~. \ ~ \ ~ >:-l ~\ '\: $\ !'='. Ie .:s' \,;u \, ",,""/ \" ,,1\ ~ 0 .. ,..~ .~ t "~ ,., d .. ,/ ~..\ f - ---- --..~~.. ", IS ~ ...\ \ a_ ~~k.. \, ~ ~m~ \, " CI '1l \ \ ',:~ll -,/'~ ' ./ .o~ t ./" O-c:lo.A/ \~o ~ -;C)'lj~"'-- / 'l'\'~" i . Cl -c ___..;;..--- / ?----.--/ ...- - - -- SOUl'Ll @ Ifl 00 i r !~ THOMAS ..,.,.. 5+ 06 p !II U, 1.0 <:) " I- 'I @ ill> : rllS .. .-1" ,El~ !~U ... ~ Ilor ~ 8 vALLE'Y -----=- F"RE'E'WA Y @ LANE 4B&40 ~I ~ 01 ~l 500 ---, I I I I I 0 ... ... <> !'- ~ ~ . ... --<1 . r' . ". '..~ . ~ 0 .s (5 ... ~ ~ .. - - @ <> ,.. >> :0 ii2 >> ,-- .......~~D. :i! " ~ 0 c: In .. ;Q ~ .... ~ ~ .. <> >> ... 0 :0 .. >> I- e n :r ~~ t> < ~ ..., o~ 0) B -~ t I (+~ \"',.,,1 I ,.. or: );> t> Ct. (fJ (fJ ..., -< );> z -i il: :r t> 0 fJ> ;: t> tfl ::Il J> tfl Z n e :r m 0 0 0 ." ;u " );> t> z :n n -I I -i 0 ,.. 0 Z -I <> o c: z .. .. :. .. .. ... In In o :0 In > .. .. >> ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation, This includes building and zoning ordinances and also laws and regulations concerning: . land use . improvements on the land . land division . environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: · a notice of exercising the right appears in the public records on the Policy Date . the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Title Risks: . that are created, allowed, or agreed to by you . that are known to you, but not to us, on the Policy Date- unless they appeared in the public records . that result in no loss to you . that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4, Failure to pay value for your title. S. Lack of a right: . to any land outside the area specifically described and referred to in Item 3 of Schedule A or . in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item S of Covered Title Risks, 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks, 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (11117106) ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4, Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. PART I 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. Attachment One (11/17/06) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects, liens, encumbrances, adverse claims, or other matters: ( a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. . 4, Unenforceability of the lien ofthe insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7, Any claim, which arises out of the transaction creating the interest ofthe mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction ~reating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: ( a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. T axes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records, 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11117/06) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, (b) Any governmental police power. This Exclusion I (b) does not modifY or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters ( a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability ofthe lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5, Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law, 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7, Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modifY or limit the coverage provided under Covered Risk II(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. ( a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2, Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection ofthe Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b),'or (c) are shown by the Public Records. Attachment One (11117/06) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy, 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. . 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11/17/06) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters ( a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2 Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Attachment One (11/17/06) " ~ , ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on Land e. Land division 1'. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date, This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations ofbuilding codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking, 4, Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b, that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d, that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: · For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1.00% of Policy Amount or $ 2,500.00 (whichever is less) Covered Risk 15: $ 10,000,00 1.00% of Policy Amount or $ 5,000,00 (whichever is less) Covered Risk 16: $ 25,000.00 $ 25,000,00 1.00% of Policy Amount or $ 5,000.00 (whichever is less) Covered Risk 18: $ 5,000'.00 1,00% of Policy Amount or $ 2,500,00 (whichever is less) Attachment One (11/17/06) " , . ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: ( a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19,20,21,22,23,24,25 and 26); or (e) resulting in loss or damage which would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage, 4, Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated, 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6, Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8( e) and 26. 7, Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8, Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereofto have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Attachment One (11/17/06) >>" t . . . Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19,1995 and November 1,2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Effective through November 1,2014 '- Fidelity National Title Grouo of Comoanies' Privacv Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information CPersonal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: · From applications or other forms we receive from you or your authorized representative; · From your transactions with, or from the services being performed by, us, our affiliates, or others; . From our internet web sites; From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and . From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: · to agents, brokers or representatives to provide you with services you have requested; · to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and · to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal InformatioA when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Fidelity National Title Group, Inc. Privacy Compliance Officer 601 Riverside Avenue Jacksonville, FL 32204 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (privacy) (11/05)